Intellectual property in the conflict of laws / edited by Jurgen Basedow.

Format:

Book

Series:

MatIPR

Language:

English

Subjects (All):

Conflict of laws--Intellectual property--Europe--Congresses.

Conflict of laws.

Conflict of laws--Intellectual property--United States--Congresses.

Conflict of laws--Intellectual property--Congresses.

Physical Description:

1 online resource (286 pages)

Edition:

1st ed.

Place of Publication:

Tubingen, Germany : Mohr Siebeck, [2005]

Summary:

Private international law of intellectual property is high on the agenda of European and international policymakers alike. Early in 2003, the European Commission initiated a consultation process on the Rome Convention of 1980. Some months later a proposal was presented for a "Regulation on the law applicable to non-contractual obligations" ("Rome II") that contains rules on intellectual property. The American Law Institute (ALI) is also hosting a project on the same topic, and a Preliminary Draft N°2 was presented at the beginning of 2004. This volume contains papers from representatives of both institutions and background information regarding the projects. The rules and underlying policies are analyzed in detail by international academics and practitioners. The annex contains the "Rome II" proposal and the Draft N°2 of the ALI project, with parts of both proposals that are being published for the first time.

Contents:

Intro

Title

Stig Strömholm - Preface

Table of Contents

Contributors

Abbreviations

Jürgen Basedow: Introduction

Part 1: Current Political Agenda

Claudia Hahn/Olivier Tell - The European Commission's Agenda: The Future "Rome I and II" Regulations

Catherine Kessedjian - Current International Developments in Choice of Law: An Analysis of the ALI Draft

Andrea Schulz - The Hague Project of a Global Judgments Convention and IP Rights: Recent Developments

Friedrich Wenzel Bulst/Christian A. Heinze - Discussion: Current Political Agenda

Part 2: Contractual Obligations

Axel Metzger - Transfer of Rights, License Agreements, and Conflict of Laws: Remarks on the Rome Convention of 1980 and the Current ALI Draft

Josef Drexl - Which Law Protects Consumers and Competition in Conflict with Intellectual Property Rights?

Haimo Schack - Internationally Mandatory Rules in Copyright Licensing Agreements

Friedrich Wenzel Bulst/Christian A. Heinze - Discussion: Contractual Obligations

Part 3: Non-contractual Obligations

Winfried Tilmann - Community IP Rights and Conflict of Laws

Matthias Leistner - Unfair Competition Law Protection Against Imitations: A Hybrid under the Future Art. 5 Rome II Regulation?

M. Pertegás Sender - Patent Infringement, Choice of Laws, and the Forthcoming Rome II Regulation

Annette Kur - Trademark Conflicts on the Internet: Territoriality Redefined?

Graeme B. Dinwoodie - Conflicts and International Copyright Litigation: The Role of International Norms

Friedrich Wenzel Bulst/Christian A. Heinze - Discussion: Non-contractual Obligations

Annexes

Proposal for a Regulation of the European Parliament and the Council on the Law Applicable to Non-contractual Obligations ("Rome II").

Intellectual Property: Principles Governing Jurisdiction, Choice of Law, and Judgments in Transnational Disputes (The American Law Institute)

Hague Conference on Private International Law, Proposal by the Drafting Committee.

Notes:

Based on the proceedings of a conference held in Hamburg, Germany, on March 2-3, 2004.

Includes bibliographical references and index.

Description based on print version record.

Other Format:

Print version: Basedow, Jürgen Intellectual Property in the Conflict of Laws

ISBN:

3-16-160545-4

OCLC:

1333084439